Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 3102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3233)

ARDON & CO (VIC) PTY LTD AS TRUSTEE FOR ARDON & CO (VIC) UNIT TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 SEPTEMBER 2023

Application for approval of the ARDON & CO (VIC) PTY LTD AS TRUSTEE FOR ARDON & CO (VIC) UNIT TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the ARDON & CO (VIC) PTY LTD AS TRUSTEE FOR ARDON & CO (VIC) UNIT TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of a new enterprise agreement between Ardon & Co (Vic) Pty Ltd as trustee for Ardon & Co (Vic) Unit Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The dispute centred around whether the proposed terms and conditions outlined in the agreement were fair and reasonable, particularly in light of the industrial relations framework in Australia. The Fair Work Commission was tasked with ensuring the agreement complied with the Fair Work Act 2009 and met the standards of procedural and substantive fairness.

The Commission considered several legal issues, including whether the agreement was negotiated in good faith, whether it provided for minimum rates of pay and conditions, and whether it appropriately balanced the interests of both parties. The Commission also evaluated whether the agreement contained provisions that were contrary to public policy or inconsistent with the Fair Work Act. Furthermore, the Commission had to assess if the agreement provided for proper mechanisms for dispute resolution and if it adequately protected the rights of employees.

Upon review, the Fair Work Commission determined that the agreement was negotiated in good faith and contained terms and conditions that were fair and reasonable. The Commission found that the proposed agreement met the necessary standards of procedural and substantive fairness and did not contravene any public policy considerations or the provisions of the Fair Work Act. The Commission approved the agreement, noting that it provided for appropriate rates of pay, conditions, and mechanisms for dispute resolution that balanced the interests of both the employer and the employees.

The Fair Work Commission's final orders included the approval of the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and both parties were required to abide by its terms and conditions. The Commission emphasised the importance of maintaining good faith in the implementation of the agreement and ensuring that all employees were adequately informed of their rights and entitlements under the new agreement.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established